To work, you gotta make sure to get your Depo-Provera shot every twelve weeks; otherwise, it's not effective, and you might get pregnant.
Yesenia Pacheco gets her first shot just fine; ditto for her second, third, and fourth shots. No pregnancy.
When she goes in to get her fifth shot, however, the nurse gives her . . . a flu shot. Totally unbeknownst to Ms. Pacheco.
Oops.
Big, big oops.
She gets pregnant. But to make things even worse, she ultimately delivers a child who has a disability (PMG).
She then sues, and the tough doctrinal question is: We know that you can sue for wrongful birth, but can you get extra damages because the child turns out to be disabled?
On the one hand, those are your actual damages, so you should get 'em. On the other hand, those weren't the damages the defendant "expected" since the contraceptive had nothing to do with causing the disability.
The Ninth Circuit punts, and certifies the question to the Washington Supreme Court.
